Amending Attorneys’ Fees Allegation in Midst of Trial Found Prejudicial
The Second District held today that it is an abuse of discretion to permit an amendment to a complaint on the fourth day of a five-day trial. Duchrow v. Forrest, __ Cal. App. 4th __, No. B233736 (2d Dist. Apr. 30, 2013). The Court found that there was no reason the amendment could not have been made sooner, and that prejudice existed because, among other things, the amendment “changed the damages sought from $44,082.22, as pleaded in the complaint, to $312,260 in attorney fees and $16,851.95 in costs under the Litigation Agreement, plus an additional $27,777.36 in attorney fees and $8,155.13 in accrued interest under the Administrative Agreement, for a total of $365,044.44.”
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By CHARLES H. JUNG